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PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.

CLARITO ARIZOBAL (at large), ERLY LIGNES and


TWO (2) JOHN DOES, accused-appellants.

Facts:

On 24 March 1994, Clementina Gimenez (Clementina), wife of the victim Laurencio Gimenez
(Laurencio), narrates that she was sound asleep together with her husband and grandchild when
Laurencio woke her up and told her to open the door because there were persons outside of the house.
Since it was pitch-dark, she lit a kerosene lamp and stood up to open the door. She was suddenly
confronted by three (3) armed men pointing their gun at her. She recognized two (2) of them as Clarito
Arizobal (Clarito) and Erly Lignes (Erly) but failed to recognize the third person who was wearing a
mascara.

The armed men were asking Laurencio to give them his gun. Clementina promptly interjected
that they do not have a gun, not even a bolo. Clarito and Erly barged into the master’s bedroom and
forcibly opened the aparador. Before leaving with their loot, they ordered Laurencio to go with them to
Jimmy’s (son of Laurencio) house because they have something to talk about. Thereafter, the group left
and heard volley of shots.

Erlinda Gimenez (Erlinda), wife of Jimmy, narrates that she was with her husband and Francisco
Gimenez (Francisco) when three (3) men suddenly appeared and ordered them to lie face down. One of
them pushed her to the ground while the others tied Jimmy and Francisco as they whipped the latter
with an armalite rifle. She noticed one of them wearing a mask, another a hat, and still another, a
bonnet.

Realizing the utter helplessness of their victims, the robbers took the liberty of consuming the
food and cigarettes Erlinda was selling in her sari-sari store. They took around 1,000Php from her sari-
sari store and told them to produce 100,000Php in exchange for Jimmy’s life. Since the couple could not
produce such big amount in so short a time, Erlinda offered to give their certificate of large cattle. The
culprits, however, would not fall for the ruse and threw the documents back to her. Three (3) men
dragged Jimmy outside of their house and together with Laurencio. Moments later, she heard a burst of
gun fire.

On the other hand, Erly testified that on the same day he was at the house of his neighbor, Noli
Hermosa, attending a house blessing. He helped as cook and food server. She further testified that the
celebration ended at 1:00 o’clock in the morning.

Issue:

Whether or not the crime committed was attended with the aggravating circumstance of
treachery or alevosia?

Ruling:
No. The special complex crime of robbery with homicide is primarily classified in this jurisdiction
as a crime against property, and not against persons, homicide being merely an incident of robbery with
the latter being the main purpose and object of the criminals, and as such, treachery cannot be validly
appreciated as an aggravating circumstance under Art. 14 of The Revised Penal Code.

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